RandaL (Texas)
Posts: 4
Posts: 4
Posted:
I am a member of a Property Owner's Association that does not allow "For Sale" signs on unimproved lots. Our Declaration reads
"No for-sale signs should be placed on unimproved lots"
This was investment property and 80% of owners are investors that do not intend to build. This portion of the decs was installed as to protect the Developer and now that they are gone, I would like to see about getting it changed. Our dec reads:
"This Declaration may be amended or changed, in whole or in part, at any time by the written agreement or signed ballot of Owners entitled to cast not less than 2/3rds of the votes of all of the Owners. If the Declaration is amended by written instrument signed by those Owners entitled to cast not less than 2/3rds of all of the votes of the owners of the Association, such Amendment must be approved by said Owners within 365 days of the date the first Owner executes such amendment. The date an owner's signature is acknowledged shall constitute prima facia evidence of the date of execution of said amendment by such Owner. Those Members entitled to cast not less than 2/3rds of all of the votes of the Members of the Association may also vote to amend this Declaration, in person, or by proxy, at a meeting of the Members duly called for such purpose, written notice of which shall set forth the purpose of such meeting. Notwithstanding any provision contained in the By-laws t the contrar,, a quorum for purposes of such meeting, shall consist of not less than seventy percent of all of the Members (in person or by proxy) entitled to vote. Any such amendment shall become effective when an instrument is filed for record in Real Property Record of Jackson County, Texas accompanied by a certificate, signed by a majority of the Board of Trustees, stating that the required number of Members executed the instrument amending the Declaration or cast a written vote, in person or by proxy, in favor of said amendment at the meeting called for such purpose."
Sorry for the lengthy quote. My question is, as a member, can I send out proxies to vote for doing away with the "No for-sale" sign restriction and get a majority or do we have to have a meeting conducted for this?
We can force a special meeting according to our By-laws
"The President must call a special meeting if directed by resolution of a majority of a quorum of the Board of Directors or by a petition signed by 40% of the Class A Voting Members.:
I just don't know what the best way to go about changing the decs would be. The Board of Directors are not going to take the initiative to do it themselves so the issue needs to be pushed.
"No for-sale signs should be placed on unimproved lots"
This was investment property and 80% of owners are investors that do not intend to build. This portion of the decs was installed as to protect the Developer and now that they are gone, I would like to see about getting it changed. Our dec reads:
"This Declaration may be amended or changed, in whole or in part, at any time by the written agreement or signed ballot of Owners entitled to cast not less than 2/3rds of the votes of all of the Owners. If the Declaration is amended by written instrument signed by those Owners entitled to cast not less than 2/3rds of all of the votes of the owners of the Association, such Amendment must be approved by said Owners within 365 days of the date the first Owner executes such amendment. The date an owner's signature is acknowledged shall constitute prima facia evidence of the date of execution of said amendment by such Owner. Those Members entitled to cast not less than 2/3rds of all of the votes of the Members of the Association may also vote to amend this Declaration, in person, or by proxy, at a meeting of the Members duly called for such purpose, written notice of which shall set forth the purpose of such meeting. Notwithstanding any provision contained in the By-laws t the contrar,, a quorum for purposes of such meeting, shall consist of not less than seventy percent of all of the Members (in person or by proxy) entitled to vote. Any such amendment shall become effective when an instrument is filed for record in Real Property Record of Jackson County, Texas accompanied by a certificate, signed by a majority of the Board of Trustees, stating that the required number of Members executed the instrument amending the Declaration or cast a written vote, in person or by proxy, in favor of said amendment at the meeting called for such purpose."
Sorry for the lengthy quote. My question is, as a member, can I send out proxies to vote for doing away with the "No for-sale" sign restriction and get a majority or do we have to have a meeting conducted for this?
We can force a special meeting according to our By-laws
"The President must call a special meeting if directed by resolution of a majority of a quorum of the Board of Directors or by a petition signed by 40% of the Class A Voting Members.:
I just don't know what the best way to go about changing the decs would be. The Board of Directors are not going to take the initiative to do it themselves so the issue needs to be pushed.